Move #1: Nokia files a suit against Apple with the US District Court for the District of Delaware, alleging the infringement of 10 patents it claims are essential to industry standards. In that case, Nokia would have made FRAND (fair, reasonable & non-discriminatory) licensing commitments concerning them.

Move #3 29 Dec 09 Nokia files a second Delaware suit and a complaint with the ITC
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Move #3: Nokia bundles seven "implementation" patents (patents it claims are not essential to standards, hence not subject to FRAND commitments) and asserts them in a second Delaware suit as well as an ITC complaint.

Move #6: In the second Delaware suit, Apple makes counterclaims against Nokia asserting 9 patents: the ones to which its ITC complaint already related. Those 9 patents include 4 that Apple dropped from its counterclaims in the first Delaware suit five days earlier.

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Move #7 03 Mar 10 Delaware District Court orders stay for one of the two cases during ITC investigation
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Move #7: The District Court for the District of Delaware stays the second suit there (filed by Nokia, counterclaims made by Apple) while the ITC investigates complaints involving all of the patents asserted in that Delaware suit (7 Nokia patents, 9 Apple patents). The other Delaware suit continues. Apple's counterclaims in the second (stayed) Delaware suit

Move #8: The ITC orders a partial consolidation of Apple's complaint against Nokia into the investigation of Apple's complaint against HTC, merging only the five patents Apple asserts in its ITC complaints against both Nokia and HTC.

On this page, the five patents consolidated into the 9 18Apple vs. HTC case have a green background, while the four patents remaining in the original case have a 9 blue background.

Move #12: Apple amends its counterclaims in the Western District of Wisconsin, replaces one patent (of seven). The new '559 patent is a continuation of a divisional of the old (and dropped) '905 patent. The new one was granted about three weeks prior to this amendment.

Move #14: Apple takes the dispute across the Atlantic and files a suit over 9 UK patents (according to Nokia, those are equivalents of some US patents Apple previously asserted against Nokia) with the Chancery Division of the High Court of England & Wales.

Move #15: In early November, media reports say that an ITC staff report dated 27 October didn't identify any infringement of valid patent claims by Nokia. That report related to only 4 of the 9 patents asserted by Apple against Nokia: those that were asserted only against Nokia but not against HTC ('431, '599, '726, '354). The Administrative Law Judge (ALJ) can still decide differently from the staff recommendation, which is just an opinion.

District of Delaware

US International Trade Commission

Western District of Wisconsin

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Move #16 28 Oct 10 Apple drops 4 patents from ITC complaint (3 of them were also asserted against Nokia)

to Delaware, where it is entered two days later. Nokia opposed this motion unsuccessfully.
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Reference material as per 06 Jan 11 page R-1

United States District Court for the District of Delaware Case no. 1:09-cv-00791 -- complaint filed on 22 October 2009
Nokia Corporation (of Espoo, Finland) vs. Apple Inc. (of Cupertino, CA 95014) On 29 December 2009, Nokia filed another suit against the same defendant with the same court (case no. 1:09-cv-01002). Allegedly infringing products "products and services that comply with the GSM, UMTS, and/or IEEE 802.11 standards, including wireless communication devices such as the Apple iPhone, the Apple iPhone 3G, and Apple iPhone 3GS" (item 70 of the complaint; matrix below the list of asserted patents) Asserted patents (in order of appearance in the complaint) asserted by Nokia in original complaint; Nokia admits (F)RAND licensing commitments in connection with GSM/UMTS/IEEE 802.11 5,802,465 ("465") Data transmission in a radio telephone network 5,862,178 ("178") Method and apparatus for speech transmission in a mobile communications system 5,946,651 ("651") Speech synthesizer employing post-processing for enhancing the quality of the synthesized speech 6,359,904 ("904") Data transfer in a mobile telephone network 6,694,135 ("135") Measurement report transmission in a telecommunications system 6,775,548 ("548") Access channel for reduced access delay in a telecommunications system 6,882,727 ("727") Method of ciphering data transmission in a radio system 7,009,940 ("940") Integrity check in a communication system 7,092,672 ("672") Reporting cell measurement results in a cellular communication system 7,403,621 ("621") System for ensuring crypted communication after handover

United States District Court for the District of Delaware Case no. 1:09-cv-00791 -- complaint filed on 22 October 2009 -- continued from previous page Apple counterclaims (11 December 2009 answer to complaint)
Apple makes counterclaims against plaintiff Nokia Corporation (of Espoo, Finland) as well as its subsidiary Nokia Inc. (a Delaware corporation headquartered in Texas). Allegedly infringing products For 8 patents, Apple's infringement allegations relate to "Nokia handsets using the [specified] platforms, including but not limited to [the specified phone/s]". For 2 patents, the sole specifically accused product is the N900. For another 2 patents, the allegations relate to devices "having [USB or GSM] functionality, including but not limited to [specified product/s]". 1 patent allegedly reads on the Carbide.c++ development tool, with Apple broadly accusing "Carbide.c++, applications developed using Carbide.c++, and phones having applications developed using Carbide.C++" without specifying particular products (potentially that would be a very long list). On the next page there is a matrix providing an overview of the different infringement allegations and accused technologies, operating system platforms, and specified devices. Asserted patents (in order of appearance in the court filing) asserted by Apple in counterclaims (part of answer to first amended complaint, dated 06 July 2010) 5,634,074 ("074") Serial I/O device identifies itself to a computer through a serial interface during power on reset then it is being configured by the computer 6,343,263 ("263") Real-time signal processing system for serially transmitted data removed in first amended answer to complaint, filed on 19 February 2010; previously asserted in ITC complaint (Investigation no. 337-TA-704) and subsequently in case 1:09-cv-01002 5,915,131 ("131") Method and apparatus for handling I/O requests utilizing separate programming interfaces to access separate I/O services removed in first amended answer to complaint, filed on 19 February 2010; previously asserted in ITC complaint (Investigation no. 337-TA-704) and subsequently in case 1:09-cv-01002 5,555,369 ("369") Method of creating packages for a pointer-based computer system 6,239,795 ("795") Pattern and color abstraction in a graphical user interface 5,315,703 ("703") Object-oriented notification framework system 6,189,034 ("034") Method and apparatus for dynamic launching of a teleconferencing application upon receipt of a call 7,469,381 ("381") List scrolling and document translation, scaling and rotation on a touch-screen display RE39,486 ("RE486") Extensible, replaceable network component system removed in first amended answer to complaint, filed on 19 February 2010; previously asserted in ITC complaint (Investigation no. 337-TA-704) and subsequently in case 1:09-cv-01002 5,455,854 ("854") Object-oriented telephone system 7,383,453 ("453") Conserving power by reducing voltage supplied to an instruction-processing portion of a processor 5,848,105 ("105") GMSK signal processors for improved communications capacity and quality 5,379,431 ("431") Boot framework architecture for dynamic staged initial program load removed in first amended answer to complaint, filed on 19 February 2010; previously asserted in ITC complaint (Investigation no. 337-TA-704) and subsequently in case 1:09-cv-01002

United States District Court for the District of Delaware Case no. 1:09-cv-01002 -- complaint filed on 29 December 2009
Nokia Corporation (of Espoo, Finland) vs. Apple Inc. (of Cupertino, CA 95014) On 22 October 2009, Nokia had already filed a suit against the same defendant with the same court (case no. 1:09-cv-00791). On the day of this new Delaware complaint, Nokia asserted the same seven patents in an ITC complaint (investigation no. 337-TA-701). The accused products and asserted patents are Identical with allegations made in Nokia's original complaint on the same day with the ITC. Those products and patents are stated in the section on ITC investigation no. 337-TA-701.

Apple counterclaims (24 February 2010 answer to complaint)
On 24 February 2010, Apple made counterclaims in its answer to Nokia's complaint. The accused products and asserted patents are identical to allegations made in Apple's ITC complaint of 15 February 2010 (investigation no. 337-TA-704). Those products and patents are listed in the section on ITC investigation no. 337-TA-704.

United States International Trade Commission Investigation no. 337-TA-704 on "certain mobile communications and computer devices and components thereof" -- complaint filed on 15 January 2010
Apple Inc. (of Cupertino, CA 95014) vs. Nokia Corp. (of Espoo, Finland) and Nokia Inc. (of White Plains, NY 10604) On 26 April 2010, the ITC ordered a partial consolidation (of 5 of the 9 patents) into another investiation (in which they were previously also asserted against HTC). Allegedly infringing products "mobile communications devices (including smartphones, personal digital assistants ('PDAs'), and other handheld communication devices" (item 3 of complaint) "The technologies at issue in the '431, '867, '131, '70S, '354, and RE '486 patents relate to software architectures, frameworks, and implementations, including various aspects of software used to implement operating systems. The technologies at issue in the '599 patent relate to a graphic system and corresponding management of graphic processing. The technologies at issue in the '726 and '263 patents relate to hardware interfaces and power management techniques." (item 14 of complaint) "The Accused Products include computing and mobile communication devices, including but not limited to computers, cellular phones, and PDAs manufactured, marketed, and/or sold by Nokia in the United States. The Accused Products also include software and Nokia devices (such as the Nokia N900 and others) that incorporate such software including operating systems (such as the Symbian OS), user interfaces, as well as other software (such as the Qt software), designed for use on, and intended to be loaded onto, such devices." (item 15 of complaint) "Exemplary Accused Nokia Symbian Products include the N97 mini, N97, N95, N86, N85, N79, 5800 XpressMusic, 5800 Navigation Edition, E75, E72, E71x, E71, E66 and the E63." (item 16 of complaint) "Exemplary Accused Nokia S40 Products include the 7610 Supernova, 3600 Slide, and the 2760." (item 17 of complaint)

Asserted patents (in order of appearance in documents filed with the ITC) asserted by Apple in original complaint 5,379,431 ("431") Boot framework architecture for dynamic staged initial program load 5,455,599 ("599") Object-oriented graphic system 5,519,867 ("867") Object-oriented multitasking system (consolidated into ITC investigation no. 337-TA-710 as per order of 26 April 2010) 5,915,131 ("131") Method and apparatus for handling I/O requests utilizing separate programming interfaces to access separate I/O service (consolidated into ITC investigation no. 337-TA-710 as per order of 26 April 2010) 5,920,726 ("726") System and method for managing power conditions within a digital camera device 5,969,705 ("705") Message protocol for controlling a user interface from an inactive application program (consolidated into ITC investigation no. 337-TA-710 as per order of 26 April 2010) 6,343,263 ("263") Real-time signal processing system for serially-transmitted data (consolidated into ITC investigation no. 337-TA-710 as per order of 26 April 2010) 6,424,354 ("354") Object-oriented event notification system with listener registration of both interests and methods RE39,486 ("RE486") Extensible, replaceable network component system (consolidated into ITC investigation no. 337-TA-710 as per order of 26 April 2010)

Staff report In early November 2010, media reports claimed that the staff of the ITC (or more precisely, of its Office of Unfair Import Investigations) had stated in a memorandum dated 27 October 2010 that "the evidence will not establish a violation ... as to any of the asserted patents." However, the investigating staff is merely a party to the proceeding, and the Administrative Law Judge (ALJ) assigned to the case is free to decide against the staff recommendation. That has, in fact, happened in a number of cases. Also, FOSS Patents pointed out that the staff report related only to the four patents remaining in investigation no. 337-TA-704, not to the five patents consolidated into investigation no. 337-TA-710.

Reference material as per 06 Jan 11 page R-7

United States International Trade Commission Investigation no. 337-TA-710 on "certain personal data and mobile communications devices and related software" -- complaint filed on 02 March 2010
Apple Inc. and NeXT Software (both of Cupertino, CA 95014) vs. High Tech Computer Corp. (of Taiwan), HTC America, Inc. (of Bellevue, WA 98005), Exedea Inc. (of Houston, TX 77036), and as a result of partial consolidation, Nokia Corp. (of Espoo, Finland) and Nokia Inc. (of White Plains, NY 10604). Partial consolidation stated further below (added Nokia Corp. and Nokia Inc. as defendants). Allegedly infringing Nokia products On the previous page, a matrix shows the accused products for all patents originally asserted by Apple against Nokia in the ITC complaint that gave rise to ITC investigation no. 337-TA-704, including the five patents partially consolidated into this proceeding. Asserted patents (in order of appearance in documents filed with the ITC) asserted by Apple in original complaint -- patents asserted only against HTC but not Nokia are green in the list below: 5,481,721 ("721") Method for providing automatic and dynamic translation of object oriented programming language-based message passing into operating system message passing using proxy objects 5,519,867 ("867") Object-oriented multitasking system dropped as a result of Apple motion of 28 Oct 2010 6,275,983 ("983") Object-oriented operating system 5,566,337 ("337") Method and apparatus for distributing events in an operating system 5,929,852 ("852") Encapsulated network entity reference of a network component system dropped as a result of Apple motion of 28 Oct 2010 5,946,647 ("647") System and method for performing an action on a structure in computer-generated data 5,969,705 ("705") Message protocol for controlling a user interface from an inactive application program 6,343,263 ("263") Real-time signal processing system for serially transmitted data 5,915,131 ("131") Method and apparatus for handling I/O requests utilizing separate programming interfaces to access separate I/O service dropped as a result of Apple motion of 28 Oct 2010 RE39,486 ("RE486") Extensible, replaceable network component system dropped as a result of Apple motion of 28 Oct 2010 Partial consolidation On 26 Apr 2010, the ITC ordered the partial consolidation of case no. 337-TA-704 into this one. As a result, Nokia Corp. (of Espoo, Finland) and Nokia Inc. (of White Plains, NY 10604) have to defend themselves alongside HTC against allegations of infringement of five patents (the '867, '131, '705, '263 and RE486 patents). An unopposed Apple motion for partial termination on 28 Oct 2010 (relating to four patents, three of which were subject to partial consolidation) reduced that subset of patents to two (the '705 and '263 patents). Information concerning HTC's allegedly infringing products is provided in a document covering Apple's disputes with HTC (and Motorola).

United States District Court for the for the Western District of Wisconsin Case no. 1:10-cv-00249 -- complaint filed on 07 May 2010 -later transferred to United States District Court for the District of Delaware -Case no. 1:11-cv-00015 -- continued from previous page Apple counterclaims
Apple makes counterclaims against plaintiff Nokia Corporation (of Espoo, Finland) as well as its subsidiary Nokia Inc. (a Delaware corporation headquartered in Texas). Allegedly infringing products N97, N900, N8, "Nokia mobile phones running Nokia’s Ovi Maps software", "applications and system software developed using the Nokia Qt Service Framework" Asserted patents (in order of appearance in the court filing) asserted by Apple in counterclaims (part of answer to original complaint, dated 28 June 2010) 5,946,647 ("647") System and method for performing an action on a structure in computer-generated data 5,612,719 ("719") Gesture sensitive buttons for graphical user interfaces 7,710,290 ("290") System and method for situational location relevant invocable speed reference 7,380,116 ("116") System for real-time adaptation to changes in display configuration 7,054,981 ("981") Method and apparatus for providing automatic high speed data connection in portable device 5,379,430 ("430") Object-oriented system locator patent 7,355,905 ("905") Integrated circuit with separate supply voltage for memory that is different from logic circuit supply voltage as a result of Apple's 1st amended answer to original complaint, replaced with newer patent of the same title

additionally asserted by Apple in counterclaims (part of first amended answer to original complaint, dated 16 August 2010) 5,946,647 ("647") Integrated circuit with separate supply voltage for memory that is different from logic circuit supply voltage a continuation of a divisional of the replaced '905 patent, issued on 20 July 2010
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High Court of England and Wales (UK High Court of Justice), Chancery Division Case no. HC10CO3053 -- complaint filed on or before 28 September 2010
Apple announced this suit against Nokia. It is not known at this stage which entities belonging to the two groups (parent companies, local subsidiaries) are parties to the suit. Allegedly infringing products The list of accused Nokia products is not available at this stage. Accused Apple products include iPhone, iPad and iPod touch (it is not known at this stage which particular versions and editions of those products are accused). Asserted patents (in order of appearance in the court filing) Patents asserted by Apple in its original complaint on or before 28 September 2010 The list of patents asserted by Apple is not available at this stage. Nokia told the Bloomberg news agency that the patents asserted by Apple in this case are "nine implementation patents already in suit between the two companies in the U.S." Patents asserted by Nokia in its counterclaims filed on or before 16 December 2010 The list of patents asserted by Nokia is not available at this stage. Nokia said in a press release that this filing covers "4 Nokia patents related to touch user interface, on-device app stores, signal noise suppression and modulator structures."

Landgericht Düsseldorf (District Court of Dusseldorf, Germany), 4. Zivilkammer Case no. unknown -- complaint filed in "late October 2010"
Apple sued Nokia. It is not known at this stage which entities belonging to the two groups (parent companies, local subsidiaries) are parties to the suit. On or before 16 December 2010, Nokia countersued Apple in this court. It is not known at this stage whether Nokia's suit was filed as a separate suit or as counterclaims in the suit instigated by Apple. Allegedly infringing products The list of accused products is not available at this stage. Asserted patents (in order of appearance in the court filing) The list of asserted patents is not available at this stage. Not even the number of patents asserted is known at this stage.

Landgericht Düsseldorf (District Court of Dusseldorf, Germany), 4b. Zivilkammer Case no. 4b O 195/10 -- complaint or counterclaims filed on or before 16 December 2010
Nokia countersued Apple. Previously, Apple filed a suit against Nokia in the same court. It is not known at this stage which entities belonging to the two groups (parent companies, local subsidiaries) are parties to the suit, and whether Nokia filed a separate suit with the same court or made counterclaims in the one instigated by Apple. Allegedly infringing products Accused Apple products include iPhone, iPad and iPod touch (it is not known at this stage which particular versions and editions of those products are accused). Asserted patents (in order of appearance in the court filing) Nokia stated in a press release that this filing covers "7 Nokia patents related to touch user interface, antenna structures, messaging functionality and chipsets."

Rechtbank 's-Gravenhage (District Court of The Hague, The Netherlands) Case no. KG RK 10-3054 -- complaint filed on or before 16 December 2010
Nokia sued Apple. It is not known at this stage which entities belonging to the two groups (parent companies, local subsidiaries) are parties to the suit. Allegedly infringing products Accused Apple products include iPhone, iPad and iPod touch (it is not known at this stage which particular versions and editions of those products are accused). Asserted patents (in order of appearance in the court filing) Nokia stated in a press release that this filing covers "2 Nokia patents related to signal noise suppression and data card functionality."

Nokia vs Apple 11.01.06

Description

Visualization of the epic patent battle between Apple and Nokia, state of affairs as per 06 January 2011 plus 20 slides showing the escalation step by step, and reference lists covering all the pat...

Visualization of the epic patent battle between Apple and Nokia, state of affairs as per 06 January 2011 plus 20 slides showing the escalation step by step, and reference lists covering all the patents, all the courts, all the suits, all the accused products.